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spec: The teams inspected new and destroyed former nuclear buildings . Two state - threatened plants , prairie Indian plantain ( Arnoglossum plantagineum ) and round-fruited St. John 's wort ( Hypericum sphaerocarpum ) , occur here . The ALJ found that section 1128 ( a ) ( 1 ) of the Act is applicable not only to cases of actual fraud against the Medicare and Medicaid programs , but also to convictions related to the delivery of an item or service where " financial misconduct against the program had or could have had an impact on the delivery of health care items or services . Her first error is her assumption , implicit in the language noted above , that section 1128 ( a ) ( 1 ) is applicable only to cases of expressly charged Medicare and Medicaid fraud , and only in situations of direct abuse of the victim program by the convicted individual . Students are introduced to the principles of advanced parametric digital modeling ( e.g ., digital environments such as Catia or Solidworks ) , the operation and use of numerically-controlled machines ( CNC technologies ) and basic manufacturing processes . The Petitioners did not directly challenge the ALJ 's analysis of the Petitioners ' previous arguments , but argued here for the first time that section 1128 ( c ) requires the Secretary to promulgate regulations prior to the effective date of any exclusion . Finally , I find that exclusion for conspiracy to possess with an intent to distribute controlled substances suits the remedial purposes of section 1128 of the Act. Petitioner argues that Section 1128 ( a ) ( 4 ) was clearly designed to exclude only those who are drug traffickers not minor drug users . Plants carrying Rf3 are intercrossed with plants carrying one of the new restorers . Process is in production . Most important , though , even if the pleas were not " knowingly and willfully " made , the record amply supports the ALJ 's conclusion that the guilty pleas were accepted by the State courts , which is all that section 1128 ( i ) requires .